Your New York Medical Malpractice Lawsuit and the Standard of Care

When you’ve sustained serious bodily harm or damage as a result of a doctor or health care team’s mistake, you can bet that if you file a New York medical malpractice lawsuit, the institution’s insurers will have an army of attorneys ready to offer up numerous defenses.

The medical malpractice defenses may vary, depending on the injuries involved. Perhaps, the attorneys will argue the patient contributed to the harm by failing to mitigate it after the fact; the attorneys could also claim that the patient didn’t offer a complete medical history, leading to the harm.

One thing that can’t be disputed is the standard of care principal. What is standard of care? It is actually an element in all personal injury cases and refers to when an individual fails to exercise caution and attention, resulting in another person’s injury. Because medical professionals can have a direct impact on the health of their patients, following the standard of care is especially important and something they must adhere to each day and with every patient.

A failure to follow the standard of care can happen for many reasons. Maybe, the emergency room was flooded with patients, and a rushed medical team failed to follow all steps in pre-treatment protocol. In some cases, a surgeon’s exhaustion could lead to a medical instrument being left in the surgical site.

It’s a drastic example, but it shows how easy it is to fail to follow the standard of care in a medical setting. Proving it is not as simple because interpretation of this standard varies state to state. This means if you’ve been a victim of a doctor’s negligence in Brooklyn, you’ll need a medical malpractice attorney with experience in cases like yours throughout New York.

Need to file a medical malpractice lawsuit in New York? We can help.

At Gacovino Lake & Associates, our Brooklyn medical malpractice attorney team will investigate what led to your injuries and fight to hold all parties accountable. That includes determining whether a standard of care was violated. Contact us today at 1-800-246-HURT, and you’ll find we’re committed to helping you. At Gacovino Lake & Associates, we have the skills and experience to stand up to hospitals and insurance companies.

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